[Federal Register: August 27, 2003 (Volume 68, Number 166)]
[Notices]
[Page 51589-51591]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au03-97]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of Threemile Canyon Farms Multi-Species Candidate
Conservation Agreement With Assurances, and Related Draft Environmental
Assessment, Morrow and Gilliam Counties, Oregon
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: Threemile Canyon Farms, LLC (Farm), Portland General Electric
(PGE), The Nature Conservancy (TNC), and the Oregon Department of Fish
and Wildlife (ODFW) have applied to the U.S. Fish and Wildlife Service
(Service) for Enhancement of Survival Permits pursuant to section
10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act) (16
U.S.C. 1531 et seq.). The permit applications include a proposed Multi-
Species Candidate Conservation Agreement with Assurances (MSCCAA)
between the Farm, PGE, TNC, ODFW, and the Service. The proposed term of
the permits and MSCCAA is 25 years.
Under the proposed MSCCAA, the parties would implement habitat
management, operational modifications, and conservation measures for
four non-listed species over approximately 93,000 acres (Covered Area)
in northeast Oregon. The Service has prepared a draft Environmental
Assessment pursuant to the National Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321 et seq.) and associated regulations (40 CFR
1500-1508) for approval of the MSCCAA and issuance of the permits.
We request comments from the public on the permit applications,
proposed MSCCAA and the draft Environmental Assessment, all of which
are available for review (see ``Document Availability'' in the
SUPPLEMENTARY INFORMATION section).
DATES: Written comments must be received from interested parties on or
before October 14, 2003.
ADDRESSES: You may submit comments by postal mail/commercial delivery,
facsimile, or by e-mail. If you use postal mail/commercial delivery or
facsimile, please address your written comments to Kemper McMaster,
State Supervisor, Fish and Wildlife Service, 2600 S.E. 98th Ave., Suite
100, Portland, Oregon 97266, facsimile (503) 231-6195. If you use e-
mail, address your comments to threemilemsccaa@r1.fws.gov. Include your
name and mailing address in your message.
FOR FURTHER INFORMATION CONTACT: Rich Szlemp, Fish and Wildlife
Biologist, Oregon State Office at (503) 231-6179.
SUPPLEMENTARY INFORMATION:
Document Availability
You may obtain copies of the documents for review by contacting the
above named individual (FOR FURTHER INFORMATION CONTACT) or by making
an appointment to view the documents at the above address (see
ADDRESSES) during normal business hours. You may also view the
documents on the Internet at http://www.davidevansandassociates.com/projects/threemile.html
.
Background
Under a Candidate Conservation Agreement with Assurances,
participating landowners voluntarily implement conservation activities
on their property to benefit nonlisted species that are proposed or
candidates for listing under the Act, or other sensitive species.
Landowners may be willing to implement measures that enhance
populations of sensitive species on their property, but may be
reluctant to do so because of potential land-use restrictions that
could occur should the species eventually be listed under the Act. As a
result of this potential regulatory concern, Candidate Conservation
Agreements with Assurances encourage private and other non-Federal
property owners to implement conservation efforts and reduce threats to
non-listed species by assuring landowners that they will not be
subjected to increased property use restrictions beyond those
identified in
[[Page 51590]]
the agreement. Under the Final Policy for Candidate Conservation
Agreements with Assurances (64 FR 32726), the Service must determine
that the benefits of the conservation measures implemented by the
property owner, when combined with those benefits that would be
achieved if it is assumed that conservation measure were also to be
implemented on other necessary properties, would preclude or remove any
need to list the covered species. Application requirements and issuance
criteria for Enhancement of Survival Permits through Candidate
Conservation Agreements with Assurances are found in 50 CFR 17.22(d)
and 17.32(d). These permits allow the incidental take of any covered
species in accordance with the terms of the permits and accompanying
agreement, should the species be listed during the term of the permit.
Section 9 of the Act and its implementing Federal regulations prohibit
the ``take'' of a species listed as endangered or threatened. Take is
defined under the Act as including to harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect listed animal species, or
to attempt to engage in such conduct (16 U.S.C. 1538). ``Harm'' is
further defined by regulation as significant habitat modification or
degradation that results in death or injury to listed species by
significantly impairing essential behavioral patterns; including
breeding, feeding, or sheltering (50 CFR 17.3).
In 1963, the State of Oregon leased approximately 93,000 acres of
property to the Boeing Company. In 1974, the Boeing Company leased the
property to Boeing Agri-Industrial Company (BAIC), a wholly-owned
subsidiary of the Boeing Company. In 2000, BAIC was sold to the Farm
and in 2002, the Farm, by and through its wholly-owned subsidiary BAIC,
Inc., purchased the property from the State of Oregon. Since 1974, the
majority of the property has been used for farming purposes. PGE owns
and controls approximately 3,520 acres within the Farm property
boundary. The Boeing Company continues to lease approximately 2,700
acres within the Farm property described as the ``radar range'' in the
agreement. The Boeing lease is set to expire in 2040.
In 2000, principal Farm representatives joined with environmental
organizations to set aside differences and to cooperatively balance
conservation and sustainable agriculture. A settlement agreement was
reached in 2000 that set forth terms and conditions under which the
parties agreed to settle litigation. The purpose of the settlement
agreement was to allow development and utilization of the agreed-upon
Development Area and associated water resources in a manner that
preserved the ecological integrity of the adjacent Conservation Area
while at the same time protecting Columbia and Snake River salmon and
steelhead, the Washington ground squirrel (Spermophilus washingtoni),
and other ecological values.
In order to address long-term conservation of the ecological values
of the Covered Area and to implement the terms of the settlement
agreement and creation of a Conservation Area, Farm representatives
agreed to develop and implement a conservation plan that prescribes
management practices for the development portion of the property while
providing protection within the Conservation Area. As a result of these
efforts, a draft Candidate Conservation Agreement with Assurances was
developed.
Description of Proposed Action
The Farm, PGE, TNC, and ODFW have applied to the Service for 25-
year Enhancement of Survival Permits pursuant to section 10(a)(1)(A) of
the Act. The permits would cover habitat management, operational
modifications, and conservation measures on approximately 93,000 acres
in northeast Oregon (Covered Area). The Covered Area is primarily in
Morrow County, with western portions in Gilliam County. The city of
Boardman is approximately 6 miles to the northeast and the city of
Heppner is approximately 25 miles to the south. Interstate 84 runs
through the north portion of the Covered Area. The MSCCAA proposes to
cover four nonlisted species facing steadily declining populations: the
Washington ground squirrel; ferruginous hawk (Buteo regalis);
loggerhead shrike (Lanius ludovicianus gambeli); and sage sparrow
(Amphispiza belli) (Covered Species).
On October 25, 1999, the Service formally identified the Washington
ground squirrel as a candidate for listing under the Act with a
priority number of 5 (64 FR 57534). Since this initial candidate
listing, the Service raised the listing priority to 2 based on
additional information on the overall decline of the species throughout
its range and an increased threat from agricultural conversion (66 FR
1296). Washington ground squirrels are also listed as endangered under
Oregon law. The Washington ground squirrel is endemic to the Deschutes-
Columbia Plateau Province south of the Columbia River and east of the
John Day River. Its range was probably contiguous when the region was
first settled, but now consists of three distinct sub-populations, two
in Washington and one in Oregon. The MSCCAA addresses the Oregon
population of the squirrel, which occurs in lower elevation (generally
up to 800 feet) native grasslands and shrub-steppe, south of the
Columbia River, east of the John Day River, and west of Pendleton.
The ferruginous hawk is a species of concern and is identified by
the State of Oregon as a sensitive species. This species is included
within this MSCCAA due to its sensitive status within the region, its
strong association with the native grassland and shrub-steppe habitats
in the Covered Area, and the fact that a conserved portion of the
Covered Area contains the largest remaining piece of shrub-steppe
habitat in the Columbia Basin.
The loggerhead shrike is an Oregon State sensitive species
(vulnerable) in the Columbia Basin but has no current Federal listing
status. Breeding Bird Surveys documented an annual decline of 2.7
percent nationally between 1968 and 1994. The population decline has
been attributed to many factors, including pesticides, loss of nesting
habitat, high winter mortality, and intensive farming practices. This
species is included in this MSCCAA because the population appears to be
declining across its range (thereby increasing its likelihood of
becoming proposed for Federal listing) and because of recent data
showing poor nesting success and high fledgling mortality on the
adjacent Naval Facility.
The sage sparrow is Oregon State-listed as sensitive (critical) in
the Columbia Basin but has no current Federal listing status. The sage
sparrow is included in this MSCCAA due to its apparent declining range
and strong positive correlation with the sagebrush habitats in the
Covered Area.
Covered Species are largely dependent on private lands in the
project area. Primary factors for their declining populations include
loss, degradation, or fragmentation of suitable habitat within the
Columbia Basin Ecosystem, largely due to the conversion of shrub-steppe
to agricultural use. Conservation measures that preserve or enhance
suitable habitat on private lands are critically important for the
long-term survival of these species.
Pursuant to the proposed MSCCAA, the Farm (including its leased
properties, affiliates, and tenants), TNC, and PGE have already begun
implementing or will implement the following measures within the
Covered Area:
[[Page 51591]]
(1) Dedicate a combined total of approximately 23,480 acres to
Conservation Areas. TNC, or a comparable third-party conservation
organization, will manage in perpetuity the 22,600 acres of
Conservation Areas dedicated by the Farm and protected under a
permanent conservation easement with the intent of maintaining and
improving the imperiled native shrub-steppe and grassland habitats for
the Covered Species and other associated wildlife. The PGE Conservation
Area, approximately 880 acres, would also be protected from development
and managed by PGE for conservation purposes for the life of the
MSCCAA.
(2) Provide a 250-foot buffer around all of the Farm Conservation
Areas to further restrict land use activities that otherwise could
affect the outer edges of the Farm Conservation Area.
(3) Provide funds for the preservation, management, and improvement
of the Conservation Areas, including intensive noxious weed control.
(4) Provide funds for conducting extensive monitoring, surveying,
notification, and reporting.
(5) Provide restrictions on grazing, ground-disturbing activities,
hunting and shooting to avoid or minimize harmful impacts to the
Covered Species.
(6) Develop and implement coordinated fire response plans and
detailed conservation management plans for the Conservation Areas.
(7) Provide for adaptive management within the Conservation Areas
to address changing habitat conditions.
A draft EA has been prepared to address the impacts of issuing ESA
assurances through the MSCCAA for the four covered species. The draft
EA evaluates the environmental impacts that may result from
implementation of the conservation measures described in the MSCCAA.
The draft EA describes five alternatives to the proposed action
including the ``no action'' alternative.
This notice is provided pursuant to section 10(c) of the Act, the
Candidate Conservation Agreement with Assurances standard precluding
the need to list, and NEPA regulations (40 CFR 1506.6). The Service
will evaluate the permit applications, associated documents, and
comments submitted thereon to determine whether the permit applications
meet the requirements of section 10(a) of the Act and NEPA regulations.
All comments received, including names and addresses, will become part
of the administrative record and will be available for review pursuant
to section 10(c) of the Act. If we determine that all requirements are
met, we will sign the MSCCAA and issue separate permits to the Farm,
PGE, TNC, and ODFW for the take of the Covered Species (should they be
listed during the term of the permits), incidental to otherwise lawful
activities in accordance with the terms of the MSCCAA. The final permit
decisions will be made no sooner than 45 days after the date of this
notice.
Dated: July 28, 2003.
Carolyn Bohan,
Acting Deputy Regional Director, Fish and Wildlife Service, Region 1,
Portland, Oregon.
[FR Doc. 03-21867 Filed 8-26-03; 8:45 am]
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